Statute barred advice needed

[T Mcmahon]

Hi, was hoping someone could help.
Over 10 years ago I was in a relationship where my partner had took a loan out in my name unbeknown to me, long story short the relationship ended and I owed £6000 which I never acknowledged in any way and received a ccj for that stayed on my credit file and has dropped off some time ago. All of a sudden I've started to receive letters from Mortimer Clarke asking me for payment which I ignored as I assumed as it's dropped off my credit file they were just trying their luck. Today I have received an attachment of earnings order that says I must fill in. As this debt is over 10 years, I have never acknowledged or paid into this in any way, is there any route I can go down for this to be classed as statute barred? Any advice would be appreciated

[Kati]

Re: Statute barred advice needed

tagging [MENTION=55034]nemesis45[/MENTION] for you xx

[warwick65]

Re: Statute barred advice needed

How long ago was the CCJ awarded?

If it is more than 6 years since it was granted they have to apply to the court for permission to enforce

maybe [MENTION=87380]Diana M[/MENTION] could advise

I have to say you are more forgiving than me , if someone took out a loan in my name without my knowledge I would have talked to the police

[T Mcmahon]

Re: Statute barred advice needed

tagging [MENTION=55034]nemesis45[/MENTION] for you xx

Thnks

- - - Updated - - -

I meant thanks x x

- - - Updated - - -

It was about 2005 I think, just pleased relationships over to be honest x x

[charitynjw]

Re: Statute barred advice needed

Who is the Judgment Creditor? (ie the Claimant on the court claim form).
Whose behalf are MC acting on?

[T Mcmahon]

Re: Statute barred advice needed

It just says mce portfolio Ltd

[nemesis45]

Re: Statute barred advice needed

Hi, was hoping someone could help.
Over 10 years ago I was in a relationship where my partner had took a loan out in my name unbeknown to me, long story short the relationship ended and I owed £6000 which I never acknowledged in any way and received a ccj for that stayed on my credit file and has dropped off some time ago. All of a sudden I've started to receive letters from Mortimer Clarke asking me for payment which I ignored as I assumed as it's dropped off my credit file they were just trying their luck. Today I have received an attachment of earnings order that says I must fill in. As this debt is over 10 years, I have never acknowledged or paid into this in any way, is there any route I can go down for this to be classed as statute barred? Any advice would be appreciated

Thank @Kati


Hi,

I presume Mortimer Clarke is acting for one of the companies in the Cabot Group? There are the in house " legal " department of the group.

How long ago exactly was the judgment made?

Unfortunately a CCJ prevents a debt from becoming statute barred, however I think a court may take a dim view of anyone attempting any enforcement of the judgment at this late date.

Was the AOE sent by the Cabot or the court?

Are you currently employed or self employed?

My personal feeling is to return the AOE form saying the you are challenging enforcement action on grounds that it is made unfairly late.

nem

[T Mcmahon]

Re: Statute barred advice needed

It was issued by the county court money claims centre- doesn't look very official though but I'll have to trust it is. The ccj was issued back in 2007, I didn't respond to Mortimer Clarke back then as I was in a pretty grim place. It will have been originally for a loan from the Yorkshire Bank- I disputed I owed it with them as I wasn't aware it had been taken out but I stuck my head in the sand after that resulting in the Ccj being issued

[nemesis45]

Re: Statute barred advice needed

It was issued by the county court money claims centre- doesn't look very official though but I'll have to trust it is. The ccj was issued back in 2007, I didn't respond to Mortimer Clarke back then as I was in a pretty grim place. It will have been originally for a loan from the Yorkshire Bank- I disputed I owed it with them as I wasn't aware it had been taken out but I stuck my head in the sand after that resulting in the Ccj being issued

Please Post a suitable edited copy of the AOE.

nem

- - - Updated - - -

It was issued by the county court money claims centre- doesn't look very official though but I'll have to trust it is. The ccj was issued back in 2007, I didn't respond to Mortimer Clarke back then as I was in a pretty grim place. It will have been originally for a loan from the Yorkshire Bank- I disputed I owed it with them as I wasn't aware it had been taken out but I stuck my head in the sand after that resulting in the Ccj being issued

10 years is an unreasonable delay in starting enforcement action I would fight it this way.

nem

[charitynjw]

Re: Statute barred advice needed

MCE is indeed part of the Cabot Group.

But, as stated above, a CCJ over 6 years old would need the court's permission for enforcement.
& MC cannot compel you to complete an AoE.

[T Mcmahon]

Re: Statute barred advice needed

Thanks, not sure how to upload a picture of it..

[Kati]

Re: Statute barred advice needed

Thanks, not sure how to upload a picture of it..

if you have difficulties, email it to me xx

[T Mcmahon]

Re: Statute barred advice needed

Thanks for your help, have sent you an email x x

- - - Updated - - -

So do I need to fill in this aoe form with a cover letter?